Child Abduction Solicitors in London

Why choose OTS Solicitors as your international child abduction solicitors?

International child abduction legal expertise involves understanding global family movement. Our combined international family law and immigration expertise and contacts set our child abduction solicitors in London apart as our multi-lingual international child abduction solicitors speak to families, lawyers and professionals across the globe daily.

If you are concerned that your child is at risk of child abduction or if you have been told that you have abducted your child by coming to the UK then you need the expertise of our international child abduction lawyers.

Answering your Frequently Asked Questions on International Child Abduction Law

What is child abduction?

In England, parental child abduction is defined as when a parent takes or sends their child out of their home country without the consent of those with parental responsibility for the child or consent from the court.

Under English family law birth mothers automatically have parental responsibility for their children. All married fathers have parental responsibility. Unmarried fathers have parental responsibility for their children if they are named on their child’s birth certificate as the child’s father.  Others may have parental responsibility. For example, if a grandparent or an aunt has a child arrangement order for the child and the order says that the child resides with them.

Can I stop my child from being taken out of the country?

Parental abduction laws say that a child must not be taken out of the UK without either:

• The permission of all those with parental responsibility for the child or
• A court order

If you think that there is a real risk that your child may be taken overseas without your agreement or a court order you can take preventative action. You will need urgent legal advice from an international child abduction solicitor on how to secure a child arrangement order or prohibited steps order to stop your child from leaving the UK.

Can I take my child out of the UK?

If you have a child arrangement order saying your child lives with you, the law says you can take your child out of the UK for up to 28 days without needing the permission of anyone else with parental responsibility for your child or a court order.

If you plan to be away for more than 28 days you need the permission of the others with parental responsibility or a holiday order or relocation order from the court.

An emergency application can be made if you have an urgent reason to go overseas. For example, if your family visa is due to end and you do not meet the criteria to extend it or if you need to make an extended trip overseas to look after extended family. Our family law solicitors can help you apply for a specific issue order or relocation order.

If you take your child out of the country without the consent of everyone with parental responsibility you could be committing an offence under child abduction law.

What is the Hague Convention?

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that provides a legal mechanism for the quick return of a child who has been abducted by being taken from their country of habitual residence to another country. Over 100 countries are signatories to the Convention.

Our international child abduction solicitors have an in-depth understanding of the Hague Convention and the procedures involved in having a child who has been abducted to a Hague Convention country returned.  We will provide you with robust advice if your child has been removed from their country of habitual residence or if you have been accused of parental child abduction.

What can I do if I suspect my child will be abducted?

If you believe there is a threat your child may be taken abroad without your permission you should contact our child abduction solicitors immediately.

A child abduction lawyer can apply to the court for a prohibited steps order to prohibit the person from taking your child out of the UK. When applying for the prohibited steps order we can ask the court to order that your child’s passport is surrendered and that another one is not issued without your consent or court order.

If your child has dual nationality or is a non-UK citizen, we can write to the consulate of their country and ask them not to issue your child a passport without express permission.  This request does not have to be followed but some consulates will action these requests.

An all-port alert can be requested from the police if the abduction is likely to occur within the next 24-48 hours.  An all-port alert means the police will flag your child’s name at all UK airports and points of departure.

In situations where you are worried about child abduction but there is not an immediate risk of abduction the police can be asked to give a child abduction notice or warning.

What is the punishment for child abduction in the UK?

The Child Abduction Act 1984 makes it a criminal offence for anyone connected with a child under the age of 16 to take or send that child out of the UK for more than 28 days without the consent of any other person who has parental responsibility for that child or an order from the court. The offence is punishable with a maximum sentence of seven years.

It is best to speak to a child abduction solicitor about likely prosecution or punishments under the Child Abduction Act as there are many scenarios where child abduction law can be broken. For example, a parent deliberately taking a child overseas because they know that the court in England is unlikely to order their child should live with them or a parent failing to return to the UK after a planned 28-day holiday because of an overseas family emergency or where a parent in the UK on a spouse visa does not realise that they need the other parent’s agreement or a court order before they can take their child to their home country even though neither they nor their child are British citizens.

Let us help you if your child has been abducted

Our child abduction lawyers and immigration solicitors have the experience to help you navigate through the complicated laws on international child abduction.

Our expert team understands the need for speed and specialist knowledge of the law combined with supportive and sensitive child abduction legal advice dedicated to reuniting families and securing you the family court orders you need to protect and safeguard your child.

Contact us today to see how our child abduction solicitors can help you.

To discuss how we can help you, we can talk with you at our offices, over the phone or online via Web Conferencing such as Zoom or Skype. To get the expert legal advice you need, contact our child abduction solicitors in London.